Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

Call Us Free   Phone  0800 988 3674  
or Mobile  Mobile 0333 200 4465  

Why Do You Need A Personal Injury Solicitor?

A personal injury solicitor is a specialist lawyer with the legal experience and knowledge to help you if you have been injured or have suffered because of someone else’s negligence.

If your injury or illness happened due to no fault of your own, Bartletts Solicitors Personal Injury Claima qualified personal injury solicitor can advise you of your rights and whether you are eligible to make a claim for compensation.

Gathering all the evidence together and preparing documents to support your claim, your solicitor will make sure the claims process is as smooth and efficient as possible. As well as assessing all the information, your solicitor will arrange for an independent medical expert to examine you and prepare a report on your injuries and your recovery going forward.

You will be given help to access any rehabilitation you need whilst your case progresses, to assist your recovery, and your solicitor will work hard to secure the amount of compensation you deserve for your injuries and financial losses.

Why Use Bartletts Solicitors For Your Personal Injury Claim?

There are many benefits of using one of our experienced and knowledgeable personal injury solicitors to make your claim, including:

  • Free Initial Consultation
    We offer a free, initial consultation to discuss the details of the incident that caused your injury or illness and to help decide if your case is likely to succeed.
  • Straightforward Advice
    All our advice is straightforward, honest and tailored for your individual situation and experience.
  • Ongoing Support
    We will help you at every step of the process to help you achieve your desired outcome. We will support you throughout the claims process and are always available to provide advice and updates on your case, as well as information on services you may need such as rehabilitation access.
  • Right Compensation
    Thanks to our track record of successfully settling over 12,000 accident claims, we have the experience and legal understanding to make sure you receive the compensation you deserve for your injury and financial losses.
  • Specialist Solicitors
    As members of the Association of Personal Injury Lawyers, we have solicitors who work exclusively on accident claims so have exceptional knowledge of personal injury law and who are up-to-date on any changes to legislation that may affect your case.
  • No Win No Fee
    With our personal injury claims service, you only pay if you win and there is no need to pay upfront for your solicitor.

How We Can Help You With Your Personal Injury Claim?

If you have suffered an injury or illness because of an accident that was not your fault and want to make a claim for compensation, then instructing one of our personal injury solicitors for advice and guidance is key.

We will take the time to understand the details of your particular situation and advise you on whether you are able to make a claim. If you go ahead with making a claim, we will do all we can to ensure the process is as straightforward and stress-free as possible for you as we work hard to secure the compensation you deserve.

Make a free enquiry today

For specialist advice on your Accident and/or injury, please call us FREE now!

Phone:  0800 988 3674  or Mobile: 0333 200 4465, or complete a Free Online Enquiry and we will soon be in touch.

What Is Housing Disrepair?

In an ideal world, our homes would be immaculate and issue-free but reality means that problems do arise – and when they happen, who is responsible?

The legal owner of the property is ultimately responsible and is duty bound to rectify any issues and fix any damages. This is why housing disrepair claims only ever happen between tWhat is housing disrepairenants and landlords – arising when the tenant has waited too long for a problem to be resolved due to the landlord’s refusal to take action.

If your landlord has had a reasonable amount of time to repair the damages to your home and has not, then you may be entitled to make a claim for compensation.

What Is Housing Disrepair?

Housing disrepair covers a range of issues and isn’t just limited to the inside of your home – it is any issue that either causes a safety risk, threatens your health and wellbeing, or causes inconvenience to your daily life.

As a guide, housing disrepair usually falls into one of 3 categories:

Property damage

Any damage to your property that you have notified your landlord about that has not been repaired, is considered to be housing disrepair.

Examples of damages include dampness on the walls or condensation on the windows, plumbing problems, or loose floorboards.

Damages can lead to safety risks and your home could become an unsafe place to live.

Always contact your landlord as soon as you notice any property damage, and your landlord should communicate with you and arrange for the repairs to rectified.

Outside damages

Damage to the outside of your home or to your garden is classed as housing disrepair.

It may be that the fence in your garden is damaged or your drains are blocked – whatever the issue is, you should expect your landlord to take action soon after being told about the matter.

Inconvenience

Your home may be structurally safe but you may have an infestation of mice or rats. This can often be a sign of damage to the property somewhere unseen and obviously is not nice to live with.

Your landlord should react straightaway after being told there are pests in your property, to resolve the matter.

How We Can Help You With Your Housing Disrepair Claim?

Our specialist housing solicitors are here to help you if you want to start a housing disrepair claim or to discuss your housing situation and whether your landlord should be doing more to fix the faults or issues in your home.

We will ensure we fully understand your circumstances to determine if your landlord is being negligent – and establish if you have a case to make a claim for housing disrepair compensation.

If you decide to make a housing disrepair claim, we will assist you at every stage of the process to make the experience as stress-free and straightforward as possible for you.

Make a Free Enquiry Today!

To discuss making a housing disrepair claim and for expert legal advice, please call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

Can I Make A Cycling Accident Claim?

Cycling has become very popular during the past few years and many more cyclists are now on the road than ever before – and sadly this means the number of cycling accidents has increased too, together with cycling claims.Bartletts Cycling Accident Claim

We are here to help if you have been injured in a cycling accident that was not your fault and we will work hard to secure the compensation you deserve if you decide to make a claim.

Cycling Accidents

During lockdown and Covid-19, the roads had been quieter and many more people had taken to cycling for transport or leisure – however, despite the fewer cars, there were still a high number of road accidents during 2020.

According to the Department of Transport’s report on Road Traffic Estimates for Great Britain for 2020, there was a 21.3% decrease in vehicles being driven on the road in 2020 compared to 2019 whereas the number of cyclists increased by 45.7% in 2020 compared to 2019.

Unfortunately, the drop in vehicles on the road did not lead to a drop in road traffic accidents – reported accidents between July 2018 and June 2019 included 3,760 fatalities and serious injuries, and 13,615 accidents causing minor injuries. During July 2019 and June 2020, there were 3,720 fatalities and serious injuries, and 12,080 accidents causing minor injuries.

Cycling Claims

If you have been injured in a cycling accident, your priority is likely to be to recover and to get back on your bike as soon as you possibly can – and we are here to assist you with this as our priority too.

As part of working with you during the cycling claims process, we will:

  • Help you secure the right amount of compensation
  • Arrange rehabilitation treatment such as physiotherapy or counselling as soon as possible, as the sooner you start the greater your chances of recovery are
  • Ask for an interim payment from the insurers to fix or replace your bicycle

How We Can Help You With Your Cycling Claim?

Cycling accidents can cause serious physical injuries as well as psychological injuries, and if you have been hurt in an accident that was not your fault, we are here to help you.

Making a cycling claim is about much more than securing compensation for your personal injuries – it is about helping you to recover and providing the support you need so you can get back to cycling as soon as possible.

We will support you at every stage of the claims process, ensuring you are rewarded with the right level of compensation and that your treatment needs are met. If you need extensive rehabilitation, we will work hard to secure funding from the other party’s insurers quickly and to arrange an agreed treatment plan for you going forward.

Make a Free Enquiry Today!

For specialist advice on your Accident and/or injury, please call us FREE now!

Phone:  0800 988 3674  or Mobile: 0333 200 4465, or complete a Free Online Enquiry and we will soon be in touch.

 

When Should You Claim Against Your Landlord For Unfit Housing?

As a tenant, you have the right to live in a comfortable and safe home – after all, you pay rent to ensure the property is kept in a good condition by the landlord. However, if your landlord refuses to make the Housing Disrepair Claim Solicitorsnecessary repairs to your home and you’ve suffered as a result of this inaction, you may be able to make a claim for unfit housing compensation.

Make A Complaint To Your Landlord

If you feel that your health or safety or comfort has been compromised and put at risk, you should contact your landlord straightaway so that he or she can take the necessary action.

Your landlord has a legal duty to keep the property in a safe condition for the tenant and is obliged to repair or replace any faults as soon as possible, and always within a reasonable amount of time after being notified.

Usually, landlords will work to fix the issues once informed by their tenants – but unfortunately this isn’t always the case.

What Happens If Your Landlord Ignores Your Complaint?

If you have informed your landlord of the fault or damage in your home and waited a reasonable amount of time for him or her to respond but heard nothing, you should speak to a housing solicitor for advice.

You may have a case for making a house disrepair claim for compensation.

Can You Claim Against Your Landlord For Unfit Housing?

Depending on your experience and circumstances, if your landlord has been neglectful of your ongoing issues with your rented home then you may be eligible to make a claim against him or her.

As a guide, you can usually claim for one of the following reasons:

  • Mould or Damp
    If there is mould or damp in your property that your landlord won’t help to fix, you can usually claim compensation for any damage to your belongings caused by the damp living conditions. Make sure you take photos of the damaged items as proof and keep safe any receipts of items that you have had to repair or replace because of the mould.
  • Poor Health
    If the housing disrepair has had a bad effect on your health, then you may be able to claim for compensation. The amount you would receive would depend on how ill you have been and for how long, and whether or not you have had to miss work as a result of your ill health.
  • Inconvenience
    Even if your housing disrepair has not damaged your belongings or your health, it might have caused you inconvenience and discomfort which is not fair either. As a good rule, always tell your landlord of any fault or damage in your house as soon as possible so that he or she can act upon it and find a way to fix it. Your landlord should prioritise your welfare and action the repair, and if this does not happen you may be eligible to make a claim.

How We Can Help You With Your Unfit Housing Claim

Our housing solicitors have successfully handled numerous claims for compensation against negligent landlords and are here to help if you have been living in unfit housing as a result of your landlord’s refusal to take action.

Only recently, our team in our Chester office were able to help a local family of five (mum, dad and three children) claim for compensation after living as tenants in rented accommodation owned by a local housing association. Despite making complaints for 3 years about the damp in the property, the landlord did nothing. As a result of this, everyone in the family suffered from ill health due to the damp conditions, and their possessions were damaged too.

Together with our help, the family claimed compensation for the loss of use and inconvenience of living in unfit housing conditions plus for damaged property and ill health. In total, dad was awarded £6,000, mum £1,750, the two children still living at home £1,100, and the child who had moved in with their grandparents as the mould was so bad in their bedroom received £400 in compensation.

Our specialist solicitors have the experience and understanding of housing law to help you with your unfit housing claim and will assist you at every stage to make the process as straightforward and stress-free as possible.

Make a free enquiry today

For expert legal advice, please call us now on 01244 752 999 or complete a Free Online Enquiry and we will soon be in touch.

 

Why Do You Need A Solicitor For Estate Administration?

Losing someone can be a sad and distressing time – and handling their affairs following their death is never easy at such a difficult time.

Probate is the process of managing a person’s estate after they die, and a probate solicitor can help ensure their wishes are carried out fully.

Why Do You Need A Solicitor For Probate?

Peace of Mind

Dealing with someone’s estate comes at a time that is naturally upsetting for those involved. Using the service of a specialist probate solicitor provides total peace of mind – not only thanks to knowing your loved one’s wishes will be fully respected and fulfilled but also from the assurance that as an executor/administrator you are carrying out your duties in the correct and most efficient way.

Help With The Whole Process

Probate can be a complex process as it includes the following:

  • Sorting personal finances, assets and property
  • Settling any outstanding debts
  • Paying any taxes owed
  • Distributing the remaining estate as inheritance to those named in the Will first or to those entitled to an estate under the Rules of Intestacy.

A solicitor will help you carry out your duties as the person responsible for distributing the estate.

As an executor, you need to apply for a Grant of Representation, a legal document that gives permission to deal with a person’s estate. Your solicitor can help you with the application and then provide assistance with handling the estate.

This includes help with making sure the right tax is paid, identifying and resolving any potential issues with the estate or inheritance, and ensuring everything is carried out legally and efficiently.

Help With Any Complexities

Just as every estate is different, the process of estate administration is unique for every individual – and it depends on the instructions left by the deceased, if any.

Complexities can arise during the probate process but fortunately a specialist solicitor can help you resolve these issues in the most straightforward way.

For example, if your loved one’s final wishes are not reflected in their Will then it is possible for the Will to be changed after their death. However, it is only possible to make changes to the share of inheritance given to you and a deed of variation must be prepared in order to make any changes.

Similarly, if someone dies without a will, a deed of variation can also be prepared to reflect someone’s express wishes.

You solicitor can help you with this application and with handling the process if your application is accepted, as this can be a difficult and upsetting procedure.

To find out more about the process of estate administration or to speak to one of Bartletts specialist solicitors about handling a loved one’s estate, contact us on  01244 311 633 or email advice@bartletts.co.uk

What do I need to think about when buying a house?

With the recent changes to stamp duty more people are now thinking about buying their next home. Moving house can be one of the most stressful things any of us do but Bartletts Solicitors experienced conveyancers are here to help you at every stage of the process.

Here Khalid Mahmood, Bartletts’ Licensed Conveyancer, takes us through some of the key things our clients ask about when moving home and the conveyancing process.

What is conveyancing?

You may think buying a house is the same as buying anything else. The money is paid, the previous Bartletts Solicitors Residential conveyancing Chesterowner moves out and you move in. In a way that’s true. But when something as valuable as a building is bought and sold, then the process involves something called an exchange of contracts and completion which requires a significant amount of legal involvement before matters proceed to finalisation of the transaction, monies being paid and property ownership and occupation changing hands. This is process is called conveyancing and to complete the property sale and purchase in the most efficient, legally protective way, you need a residential conveyancing solicitor to help you through the whole process.

You’ll be able to buy more quickly and with total peace of mind, when you use a property solicitor to carry out the legal conveyancing process.

What does a conveyancing solicitor do?

A conveyancing solicitor mediates and manages all of the legal and practical process between the buyer, the mortgage lender or bank and whoever is selling the property to the buyer. The solicitor oversees the conveyancing process and carries out necessary checks to ensure everything goes smoothly and legally correct. Whilst conveyancing is a relatively straightforward process, each property transaction is unique, meaning complications can arise. That’s why conveyancing solicitors are essential for a stress-free conveyancing process.

What are the stages of purchasing a property?

The conveyancing process starts as soon as you decide to buy a property. If you are a buying a property you will need to instruct a conveyancing solicitor to act on your behalf and the seller of the property you are buying from will have their own conveyancing solicitor acting on their behalf. These solicitors will liaise with each other as well as the Estate Agents throughout the process. The pre-contract stage takes up most of a conveyancing solicitor’s work during the conveyancing process.

The first job for the conveyancing solicitor who is acting for the Seller is to create a contract pack. This includes:

  • Sale contract
  • Title deeds
  • Property information documents

If you are the buyer of the property your conveyancer will consider the title deeds and other documents included in the legal pack, carry out searches relevant to the Property including local authority search to check Local Authority records, water & drainage search to check the Water Authority records, environmental search and practical issues with the property. Iron out any issues which arise from his/her investigation of the legal pack and searches.  It is important that these checks are carried out as soon as possible, so that any problems can be dealt with early on before they become an issue. Your conveyancing solicitor will also liaise with your mortgage lender to ensure that the property offers sufficient security for the loan.

Once these documents are acceptable to all parties in the sale and purchase process, contracts will be signed by all parties and an agreement will be reached on when completion (i.e., when the final balance of monies due is paid and keys are handed over) takes place.

What is Exchange of Contracts

Contracts are usually exchanged by both conveyancing solicitors reading out the contracts over the phone (which is recorded by both of them) to make sure the contracts are identical. The contracts are then immediately sent out by them to one another in the post. This is known as exchange.

If you are in a chain, your conveyancing solicitor will do the same thing, however, they will only release the contract to the conveyancing solicitor acting on the other side if all the parties in the chain are happy and ready to go ahead. That means if one person pulls out or delays everything gets held up.

As soon as the contracts are exchanged you will be in a legally binding contract to buy or sell the property. If you do not complete on the date agreed in the contract and you are the buyer, you risk losing your deposit and you can be sued. However, if you are the seller, you must sell to the buyer. If you do not the buyer can keep their deposit and sue you.

Why Do We Exchange Contracts?

Until you exchange contracts neither side has any legal obligation to buy or sell the property. Both seller and buyer can pull out of the transaction without any penalty. It is only when contracts are formally exchanged by the solicitors does the deal become legally binding. If completion is late penalties start to accrue. For each day that completion does not take place interest will accrue at a rate specified in the contract until completion has taken place.

When Do I Exchange Contracts?

You usually exchange contracts between 7 and 28 days before completion although you can exchange contracts on the day of completion in exceptional circumstances. You need to make sure you have everything in place before hand, so that nothing can go wrong. For example if you are buying-

  • You have agreed on an offer
  • You have had a mortgage valuation and any other surveys you require
  • You have had a formal mortgage offer in writing
  • You have deposit funds available
  • Your solicitor has carried out and reported to you on the relevant searches, reported to you on the contract, title deeds and mortgage, raised enquiries and received satisfactory replies to those enquiries and you have confirmed you are happy with everything received.
  • You have organised building insurance. After you exchange contracts, you must put your buildings insurance on risk as you will be liable for the property immediately after exchange.
  • You have agreed a date for completion with the other party. The date will be written into the contract.
  • You have read, understood and signed the contract.

What happens once we have exchanged contracts but not yet completed?

During this time the buyer’s conveyancer requests mortgage advance/loan from the mortgage provider and the balance required form the buyer and manages and ensures the smooth transfer of funds to the sellers solicitors.  At this point, the conveyancing solicitor’s focus is almost entirely on finances and pre-completion checks/searches. Smooth completion of the move is dependent upon this going well. At the same time, the buyer and seller will be finalising their removals.

What is completion?

The day the seller vacates the property and the buyer moves into the property is known in the conveyancing process as the ‘day of completion’. If selling and buying, we receive the monies from your sale and send the money for your purchase to your sellers solicitors. You move out of the property you are selling and hand the keys to your Estate Agent unless you have made private arrangements with the seller. If you are purchasing you collect the keys from the sellers Estate Agents.

Please note that the keys will only be released once the sellers solicitors have received the money which is usually around lunch time. Once we have sent the money, we have no control over the length of time taken until the sellers solicitors receive it. Likewise we have no control over the length of time taken to receive money from the purchaser’s solicitors as this is due to the bank system.

After the completion has taken place, the conveyancing solicitors will continue to conduct administration tasks to do with paying stamp duty land tax to HM Revenue and Customs, as well as registering the title deed at the governments Land Registry for the buyers. The Sellers conveyancing solicitor will be responsible for paying off any mortgages on the property sold by the Seller and ensuring the buyer has a clear and unencumbered title to register their new ownership.

For further information or advice about Residential Conveyancing please contact Bartletts Solicitors today on Freephone 0800 833288, or 01244 311 633 or email advice@bartletts.co.uk  or Khalid.mahmood@bartlettslaw.co.uk

What Is A Lasting Power Of Attorney?

What Is A Lasting Power Of Attorney?A Lasting Power of Attorney (LPA) is a legally-binding document that enables one person to give someone else the right to make decisions on their behalf when they no longer have the mental capacity to make these decisions on their own. Or, when they are finding it difficult to arrange their own affairs, for example if they have mobility issues.

Lasting Powers of Attorney are created for many reasons and, regardless of the reason why, creating one gives someone else the legal power to make financial and medical decisions for you when you are no longer able to or, when you feel you need some help.

How Does A Lasting Power Of Attorney Work?

When someone decides to appoint an Attorney, they are referred to as a Donor. A Donor gives one or more individuals the right to make decisions on their behalf – and the person or persons being given this right is referred to as an Attorney.

Entering into an LPA is a complicated procedure as there are rules that must be followed.

To help you create an LPA, the rules you need to be aware of include the following:

  • You should apply for an LPA before you need it
  • You need to be mentally capable when you enter into an LPA
  • You can choose one Attorney or more
  • If you choose more than one, you decide if your Attorneys make decisions together (“jointly”) or make some decisions together but also act separately at times (“jointly and severally”)
  • You can decide to appoint your Attorney for a set amount of time or indefinitely
  • You can decide what decisions your Attorney or Attorneys have the power to make for you
  • An LPA becomes legally valid once it has been registered with the Office of the Public Guardian until you, the donor, dies or you decide to cancel an LPA while you still have the mental capacity to do so

Enduring Power of Attorney Vs Lasting Power of Attorney

In 2007, the Lasting Power of Attorney (LPA) replaced the Enduring Power of Attorney (EPA). However, EPAs completed before 2007 are still legally valid. EPAs  can be used by an Attorney without it being registered if you still have mental capacity. An Attorney must register an EPA if the donor no longer has mental capacity. An EPA can only be used for property and financial affairs and cannot be used for someone’s health and welfare.

There are 2 types of LPA:

Property and Financial Affairs LPA

This LPA is to do with the decisions regarding your money and property. This can be used as soon as it is registered.

A Property and Financial Affairs LPA can help you to:

  • Pay bills and mortgage
  • Collect your pension
  • Manage your bank accounts and investments
  • Arrange any property repairs
  • Buy and sell property

Health and Welfare LPA

This LPA is to do with the decisions regarding your everyday life and wellbeing.

You can also provide your Attorney with the power to accept or refuse life sustaining treatment on your behalf.

This LPA can only be used when you no longer have the capacity to make your own health and welfare decisions.

A Health and Welfare LPA can help you to:

  • Manage your daily routine
  • Arrange where you live
  • Find a care home
  • Manage medical care and treatment

General Power of Attorney

There is also a General Power of Attorney, which is used for a set period of time or purpose and only gives power to the Attorneys to act while the donor has full mental capacity.

A General Power of Attorney can help you to:

  • Manage certain circumstances such as when you’re recovering from an illness or fall
  • Receive help with making decisions when you’re away, such as on an overseas trip

How We Can Help You Apply For A Power Of Attorney

The right Power of Attorney can really help you and a loved one to manage and better cope with difficult times, enabling decision making to become more straightforward and effective. By having a Power of Attorney in place, you have complete peace of mind that no matter what happens in the future, you are able to make the best possible decisions for a loved one or that they are able to make the best possible decisions for you on your behalf.

Our experienced solicitors are here to help you with the application, the process, and with any queries you may have regarding Powers of Attorney.  We will provide the support and advice you need to make the process of applying for Power of Attorney and of being an Attorney for someone, as easy and effective as possible for you.

To speak to one of our solicitors for further information or advice on Power of Attorney, you can contact us on 01244 311 633 or email advice@bartletts.co.uk

How Can You Avoid Common Pitfalls When Buying Property?

How Can You Avoid Common Pitfalls When Buying Property?With the property market still moving at a fast pace, it’s vital you’re able to buy your next home as quickly and as efficiently as possible – and using an experienced professional conveyancing solicitor will help ensure the process is as straightforward as possible.

Buying or selling a home is often a major decision or an important investment and the process can become complicated and stressful. With the help of an experienced conveyancing solicitor, you don’t need to worry about the legal aspects of a property purchase and can buy with peace of mind.

Your conveyancing solicitor will make sure the process runs as it should and that all the legal necessities are taken care of, including approving contract, checking the title and searches, raising appropriate enquiries, complying with Lender’s conditions in the mortgage, arranging the transfer of funds from buyer to seller, and transferring ownership from seller to buyer.

How To Avoid The Common Pitfalls Of Residential Conveyancing

Buying a home is an exciting but stressful time as there is a lot that can go wrong with the purchase process – which is why you need to use an experienced professional conveyancing solicitor who will make sure all the legal checks are made and that the process is as straightforward as possible.

5 common pitfalls to avoid when buying or selling property:

  • Moving Slowly

Once you’ve made the decision to buy, instruct an experienced conveyancing solicitor as soon as you can who will start the purchase process straightaway. Always use a CQS (Conveyancing Quality Scheme) accredited solicitor for peace of mind.

  • Being Unprepared With Documentation

Have your forms of ID ready so that you don’t delay the process – acceptable forms include a passport, driving licence or council tax bill.

  • Not Checking Paperwork

Make sure you fill in the paperwork correctly and return it quickly too. Always check the details in the paperwork to ensure you fully understand the nature of the property you’re buying – for example, rights benefiting the Property, rights reserved against the Property, restrictions affecting its use and future alterations or extensions or has it undergone any alterations or extensions such a loft extension or new conservatory? If so advise your solicitor so that he can ensure that the relevant planning permissions are there for any work that’s been undertaken. Ask your solicitors if you haves any questions or if you are not sure about any aspect.
If you’re selling a property, make sure you have all the paperwork needed for any alterations that have been made to the property.

  • Not to Carry Out Searches

Searches enable you to check the details of the home you’re buying, including the immediate area and any potential risks associated with it such as drains and sewers running through the Property, which may affect future development, or a history of flooding or any financial charges registered against this Property. Be careful you don’t decide not to conduct searches in order to speed up the process, as this could result in you paying too much for the property or having difficulties selling it in the future or you end up paying the financial charges.

  • Failing To Understand The Details

Make sure you understand the type of property you’re buying, such as is it freehold or leasehold and the intended use of the property, such as a home or to rent out. These key details will affect the information your conveyancing solicitor needs. For example, with a leasehold property you’ll need to see a management pack that includes data on issues such as service charge and ground rent, and for a buy-to-let purchase your mortgage agreement will likely be more complicated and your solicitor need to make various checks to ensure that any existing tenancy complies with lender’s requirements and meets the current legislation.

How We Can Help You With Your Property Purchase

Our conveyancing solicitors are here to help you with every aspect of your home purchase or sale, and have the experience and legal knowledge to ensure the process is as efficient and uncomplicated as possible.

We will provide advice and guidance throughout, making sure all the checks are completed accurately and quickly, and that you understand fully the details of the property to avoid any potential unexpected costs or problems in the future. With our help, your property purchase will be both delay- and stress-free.

For advice on the residential conveyancing process or to speak to one of our conveyancing solicitors about a property you’d like to buy or sell, contact our team of specialist property solicitors on 01244 311 633 or email advice@bartletts.co.uk

How does Inheritance Tax Work?

How does Inheritance Tax Work?Inheritance tax is unfortunately a fact of life but the good news is you can take steps to minimise the amount your loved ones have to pay after you die.

Inheritance tax (IHT) and Wills go hand in hand and you should use your Will to keep the amount of IHT owed on your estate to the smallest possible sum – as well as to look after loved ones when you’re no longer around.

Inheritance Tax Facts

According to the Office for Budget Responsibility (OBR), approximately 6.5% of estates will face the 40% IHT rate by 2026 – which is a lot more than the 3.7% of estates facing the higher rate in 2020.

So, what is causing this sharp increase in estates facing the higher IHT rate?

According to the OBR, it’s a combination of:

  • Huge rises in property prices
  • Extra deaths caused by the Covid-19 pandemic

The IHT threshold has remained at £325,000 since 2009. This means that no tax is paid on estates worth less than this amount. There is an extra £175,000 allowance for the family home provided it passes to direct descendants, and this will stay frozen until 2026.

The good news for married couples and civil partners is that any IHT allowance unused can be passed onto a spouse or civil partner, meaning they can effectively leave an estate worth £1million in total without their family having to pay any inheritance tax.

What Are The Implications Of More Estates Facing 40% IHT Rate?

It is likely that more and more people will want to minimise or avoid IHT being payable by sharing their wealth during their lifetime rather than leaving it to loved ones in their Wills.

Lifetime giving can be challenging, though, and you should be wary of:

  • Undue influence
    This is when someone is pressured into making a big gift of money or property, when perhaps they don’t want to. This so-called undue influence can be hard to identify and establish either during the lifetime of the victim or after their death, but it’s not impossible. Even when someone appears willing to transfer across their property, they can still be found to have done so under undue influence.
  • Predators
    With wealthy elderly relatives, you need to be watchful of greedy family members but also stranger predators. There are individuals who will try to groom vulnerable elderly victims into marriage – it’s scary how few safeguards are actually in place to prevent a marriage involving an elderly person lacking mental capacity. As marriage cancels an existing Will, a victim’s ‘spouse’ inherits the estate, and benefits from the IHT spouse allowance too.
  • Gift with reservation of benefits

These are gift where the ownership of an asset is transferred to someone else but the person making the gift retains the benefit of the asset.  For example, gifting your own to your children but you remain living in the property.  HMRC will treat that asset as still belonging to you and its value will be taken into account for IHT purposes.

What Can You Do To Keep Safe?

If you have doubts about someone – either someone who you think may be pressuring a family member or putting too much pressure on yourself – seek legal advice as soon as possible. You may be able to put safeguards in place and take steps to ensure your wishes and those of a loved one are respected.

How We Can Help You

Our specialist Wills and probate solicitors are here to help and advise you on every aspect of inheritance, including IHT and Wills disputes and what to do if you suspect someone is trying to take advantage of a family member or influence your decision making.

We will listen to you to ensure we fully understand your circumstances before providing tailored advice and support to help you make the right decisions for you and your loved ones.

To discuss inheritance tax or Wills with one of our solicitors, contact us on 01244 311 633 or email advice@bartletts.co.uk

© Bartletts Solicitors Limited 2024 – Offices in England and Wales